{"id":"terrorism-surface-transport-security-act-2011","name":"Terrorism (Surface Transport Security) Act 2011","slug":"terrorism-surface-transport-security-act-2011","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110544,"registerId":"sa-terrorism-surface-transport-security-act-2011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Terrorism (Surface Transport Security) Act 2011","content":"South Australia\nTerrorism (Surface Transport Security) Act 2011\nAn Act to require certain surface transport operators to implement counter terrorism plans; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tCivil remedies not affected\n5\tNotice relating to security identified surface transport operation\n6\tCounter terrorism plan\n7\tProvision of information relating to counter terrorism plan\n8\tFalse or misleading information\n9\tCompliance notice\n10\tConfidentiality\n11\tFreedom of Information Act\n12\tService\n13\tEvidentiary provision\n14\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Terrorism (Surface Transport Security) Act 2011.\n3—Interpretation\nIn this Act—\ncontravention includes failure to comply;\noperator of a security identified surface transport operation means the person declared by the Minister under this Act to be the operator of the transport operation;\nsecurity identified surface transport operation means a place, activity or system, associated with or relating to, the movement of people or goods by road, rail or water identified by the Minister under this Act as a security identified surface transport operation;\nterrorist act has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth.\n4—Civil remedies not affected\nThe provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied.\n5—Notice relating to security identified surface transport operation\n\t(1)\tThe Minister may, by notice in writing to a person declared by the notice to be the operator of a security identified surface transport operation—\n\t(a)\tidentify a specified place, activity or system associated with, or relating to, the movement of people or goods by road, rail or water as a security identified surface transport operation; and\n\t(b)\tdeclare a specified person to be the operator of the security identified surface transport operation; and\n\t(c)\tspecify the period within which the operator must prepare a counter terrorism plan in accordance with this Act.\n\t(2)\tThe Minister may identify a place, activity or system associated with, or relating to, the movement of people or goods by road, rail or water as a security identified surface transport operation if the Minister is of the opinion that the operation has a significant risk of being the target of a terrorist act taking into account—\n\t(a)\tinformation made available to the Minister by a security intelligence or law enforcement organisation, or other agency of the Crown of the State or Commonwealth, about the likelihood of terrorist acts against the operation; and\n\t(b)\tthe number of passengers using the operation; and\n\t(c)\tthe nature of the goods carried by the operation; and\n\t(d)\tthe geographical location of the operation; and\n\t(e)\tthe iconic status of the operation; and\n\t(f)\tthe size of the operation; and\n\t(g)\tany other factor considered relevant by the Minister.\n\t(3)\tThe Minister will not declare a maritime industry participant required to prepare a maritime security plan under the Maritime Transport and Offshore Facilities Security Act 2003 of the Commonwealth to be the operator of a security identified surface transport operation.\n\t(4)\tBefore the Minister gives a notice to a person under subsection (1), the Minister must—\n\t(a)\tinform the person in writing of the details of the proposed notice; and\n\t(b)\tallow the person at least 14 days within which to make submissions to the Minister about the proposed notice.\n\t(5)\tThe Minister may, by subsequent notice in writing to the operator of a security identified surface transport operation, vary or revoke a notice under subsection (1).\n6—Counter terrorism plan\n\t(1)\tThe operator of a security identified surface transport operation must prepare a counter terrorism plan for the transport operation in accordance with this section.\nMaximum penalty: $50 000.\n\t(2)\tThe operator of a security identified surface transport operation must not, without reasonable excuse, fail to implement a counter terrorism plan prepared under this section in accordance with its terms.\nMaximum penalty: $50 000.\n\t(3)\tA counter terrorism plan must be prepared within the period specified under section 5(1)(c).\n\t(4)\tA counter terrorism plan must have the following objectives:\n\t(a)\tthe prevention of a terrorist act;\n\t(b)\tthe mitigation of the effects of a terrorist act;\n\t(c)\tthe recovery of the transport operation from a terrorist act;\n\t(d)\tthe continuity of the transport operation in the event of a terrorist act;\n\t(e)\tthe coordination of counter terrorism measures between operators of security identified surface transport operations and other relevant operations.\n\t(5)\tA counter terrorism plan must—\n\t(a)\tcontain an assessment of the vulnerability of the transport operation to a terrorist act; and\n\t(b)\tset out arrangements for assessing the likelihood of a terrorist act affecting the transport operation being committed, including details of—\n\t(i)\tthe intervals at which, and the circumstances in which, the assessment is to be reviewed; and\n\t(ii)\tthe procedures to be followed to ascertain relevant information made available by the Commonwealth and the State; and\n\t(c)\tset out a series of measures to be taken according to the assessed likelihood of a terrorist act affecting the transport operation being committed, and designed to minimise the risk of such a terrorist act being committed and to minimise the effect of such a terrorist act on the transport operation, including measures designed—\n\t(i)\tto prevent unauthorised access to services, goods and facilities; and\n\t(ii)\tto facilitate the recognition and reporting of suspicious incidents; and\n\t(iii)\tto facilitate orderly evacuation of persons in appropriate circumstances; and\n\t(d)\tset out measures to be taken in the event of a terrorist act, including measures designed to facilitate—\n\t(i)\tan immediate and effective response to the terrorist act (including appropriate communication with the police, other emergency services and the public and appropriate coordination with the emergency procedures of other bodies); and\n\t(ii)\trecovery of the transport operation from the terrorist act; and\n\t(iii)\tthe continued safe operation of the transport operation; and\n\t(e)\tset out a scheme for the preparation and conduct of training exercises to test, from time to time, the operation of the counter terrorism plan; and\n\t(f)\tset out a scheme for the provision of information and training to staff and others about the arrangements and measures set out in the plan; and\n\t(g)\tspecify the persons or classes of persons responsible for taking action under the plan; and\n\t(h)\tset out a scheme for the review and updating of the plan; and\n\t(i)\tcomply with any other requirements of the regulations.\n\t(6)\tThe regulations may impose standards to be met in respect of any of the matters required to be contained or set out in a counter terrorism plan, including standards—\n\t(a)\trequiring the assessment of the likelihood of a terrorist act affecting the transport operation being committed to be made against a specified scale and to take into account specified factors; and\n\t(b)\trequiring the training exercises to be prepared and conducted at specified intervals (which may vary according to the assessed likelihood of a terrorist act affecting the transport operation being committed or any other factor); and\n\t(c)\trequiring the plan to be reviewed and updated at specified intervals or following specified events.\n\t(7)\tThe operator of a security identified surface transport operation may amend or substitute the counter terrorism plan at any time.\n\t(8)\tIf a rail transport operator within the meaning of the Rail Safety National Law (South Australia) Act 2012 is declared to be the operator of a security identified surface transport operation, the operator's counter terrorism plan will be taken to be incorporated in the operator's security management plan under that Act and to satisfy the requirement under that Act for the security management plan to incorporate measures to protect people from terrorism.\nNote—\nThe Rail Safety National Law (South Australia) Act 2012 requires a rail transport operator to have a security management plan. Amongst other matters, a security management plan is to incorporate measures to protect people from terrorism. It is intended that while this aspect of a security management plan may form the basis for a counter terrorism plan under this Act, a counter terrorism plan is to be more detailed and more extensive than that aspect of a security management plan required under the Rail Safety National Law (South Australia) Act 2012.\n7—Provision of information relating to counter terrorism plan\nThe operator of a security identified surface transport operation must, at the request of a person authorised by the Minister, provide the person with—\n\t(a)\ta copy of the counter terrorism plan for the transport operation, or any amendment of the plan; and\n\t(b)\tinformation in writing about the implementation or review of the counter terrorism plan for the transport operation.\nMaximum penalty: $10 000.\n8—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: \n\t(a)\tif the person made the statement knowing that it was false or misleading—$10 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$5 000.\n9—Compliance notice\n\t(1)\tIf the Minister is satisfied that the operator of a security identified surface transport operation is contravening this Act, the Minister may give the operator notice in writing specifying the action that the Minister considers should be taken in order to ensure compliance with this Act.\n\t(2)\tFailure to comply with the notice within the period allowed by the notice is not of itself an offence but the notice, and any evidence of the failure to take the action specified in the notice, is admissible in any proceedings against the person for an offence against this Act relating to the alleged contravention in respect of which the notice was given.\n\t(3)\tProceedings for an offence against this Act constituted by the contravention or alleged contravention to which the notice relates may not be commenced if the person has complied with the notice.\n10—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not disclose information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the operator of the security identified surface transport operation to which the information relates; or\n\t(c)\tin connection with the administration of this Act; or\n\t(d)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions.\nMaximum penalty: $10 000.\n\t(2)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $10 000.\n11—Freedom of Information Act\nInformation obtained under this Act is not liable to disclosure under the Freedom of Information Act 1991.\n12—Service\n\t(1)\tA notice or other document required to be given to a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known residential or (in the case of a corporation) registered address; or\n\t(c)\tbe left for the person at the person's last known residential or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required to be given or sent to a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.\n13—Evidentiary provision\nIn proceedings for an offence against this Act, an allegation in a complaint that—\n\t(a)\ta specified place, activity or system is, or was at a specified time, a security identified surface transport operation; or\n\t(b)\ta specified person is, or was at a specified time, the operator of a security identified surface transport operation; or\n\t(c)\ta specified person is, or was at a specified time, a person authorised by the Minister under section 7,\nwill be accepted as proved in the absence of proof to the contrary.\n14—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; or\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; or\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister; or\n\t(d)\trefer to or incorporate, wholly or partially and with or without modification, a specified code or standard as in force at a specified time or as in force from time to time.\n\t(3)\tIf a code or standard is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code or standard must be kept available for inspection by members of the public, without charge and during normal office hours, at an office prescribed by regulation; and\n\t(b)\tevidence of the contents of the code or standard may be given in legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code or standard.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2011\n9\nTerrorism (Surface Transport Security) Act 2011 \n31.3.2011\n5.5.2011 (Gazette 5.5.2011 p1330)\n2012\n14\nRail Safety National Law (South Australia) Act 2012\n10.5.2012\ns 36—20.1.2013 (Gazette 13.12.2012 p5534)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n20.1.2013\ns 6\n\n\ns 6(8)\namended by 14/2012 s 36\n20.1.2013\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and current form could be made."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title, not its actual provisions","Complexity cannot be meaningfully assessed without access to the text","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"The Terrorism (Surface Transport Security) Act 2011 is a South Australian law aimed at reducing terrorist risks on roads, railways, buses and trams by establishing security obligations, allowing authorities to issue security directions, and creating offences for non‑compliance or interference. It affects transport operators, infrastructure managers and travelers, and matters because it aligns surface‑transport security with broader counter‑terrorism frameworks."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's operational scope was adjusted by amendment to integrate rail operators' counter‑terrorism plans with the Rail Safety National Law (South Australia) Act 2012 (see s6(8) as amended). The amendment aligns this Act with rail security management planning rather than creating a wholly separate rail regime; otherwise the Act's core scope—Ministerial designation of surface transport operations and operator obligations—remains as enacted."},"complexity_factors":["Ministerial discretion to identify and declare operations as 'security identified surface transport operations' (s5(1)–(2)): enables wide scope based on the Minister's opinion.","Mandatory operator obligations to prepare and implement detailed counter terrorism plans, with significant prescribed content and objectives (s6(1), s6(4)–(5)): creates substantive compliance burden on operators.","Monetary penalties and criminal penalties for false or misleading information (s6(1)–(2), s8): mixes civil fines and criminal exposure, increasing legal risk.","Regulatory standards and delegation of technical requirements to regulations (s6(6), s14(2)–(3)): technical detail and performance standards may be set outside the Act, requiring operators to track subordinate instruments.","Interaction with rail safety law (s6(8)) and exclusion for maritime participants already subject to Commonwealth maritime security law (s5(3)): cross‑statute coordination and potential overlap with federal regimes.","Compliance notice mechanism where non‑compliance can be remedied to avoid prosecution (s9): introduces administrative corrective steps and evidentiary consequences.","Confidentiality and restricted disclosure with penalties and an FOI exemption (s10, s11): limits public access to material and creates custodial duties for officials.","Evidentiary provision shifting burden by deeming declarations and authorisations proved in absence of contrary proof (s13): affects litigation strategy and proof requirements."],"plain_english_summary":"This Act lets the Minister designate surface transport operations (road, rail or water) as being at risk of terrorism and requires the declared operators to prepare and implement detailed counter‑terrorism plans within set timeframes, with penalties for non‑compliance. It matters because operators bear the cost and operational burden of assessments, training and security measures, while the Minister holds discretion over which operations are covered and what information must be provided or kept confidential."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of requiring counter terrorism plans for designated surface transport operations. The 2012 amendment to section 6(8) was a technical integration with the national rail safety regime, not an expansion of scope. No evidence of significant scope creep beyond the original intent."},"complexity_factors":["Relatively short statute (14 sections) with straightforward structure","Only 3 defined terms in the interpretation section (section 3)","Single cross-reference to Commonwealth Criminal Code for 'terrorist act' definition and to Rail Safety National Law for rail operators","Conditional logic limited to: (a) Minister's opinion-based designation power with 7 listed factors, and (b) reasonable excuse defence for implementation failures","One nested provision: section 6(5) contains 9 sub-paragraphs with multiple clauses setting out detailed plan requirements","Regulation-making power (section 14) allows for future complexity through incorporation of external codes/standards, but this is prospective rather than current complexity","Evidentiary provision (section 13) creates a simple reverse onus for three specific factual allegations"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law requires certain surface transport operators (road, rail, or water) to create and implement detailed **counter terrorism plans** if the Minister identifies their operation as high-risk for terrorist attacks.\n\n**Who it affects:**\n\n- **Transport operators** running significant road, rail, or water transport operations that the Minister declares to be \"security identified surface transport operations\"\n- **The Minister** (who has broad powers to identify operations, declare operators, and enforce compliance)\n- **Staff and contractors** of these operations (who must be trained under the plans)\n\n**Key requirements:**\n\n- The Minister can designate a transport operation as high-risk based on factors like passenger numbers, iconic status, location, and intelligence information\n- Designated operators must prepare a comprehensive counter terrorism plan covering:\n  - Prevention of terrorist acts\n  - Mitigation and recovery if an attack occurs\n  - Business continuity\n  - Staff training and regular testing exercises\n  - Coordination with emergency services\n- Operators face penalties up to **$50,000** for failing to prepare or implement a plan\n- The Minister can request copies of plans and information about their implementation (penalty up to **$10,000** for non-compliance)\n- **False or misleading information** can result in fines up to **$10,000** or **2 years imprisonment** if knowingly given\n\n**Special features:**\n\n- **Rail operators** already covered by national rail safety laws can have their counter terrorism plans integrated with their existing security management plans\n- **Maritime operators** already regulated under Commonwealth maritime security laws are explicitly excluded (to avoid double regulation)\n- Information obtained under this Act is **exempt from Freedom of Information** disclosure and subject to strict confidentiality rules\n- The Minister must give 14 days' notice before designating an operation, allowing the operator to make submissions\n\n**Why it matters:**\n\nThis law creates a framework for proactive terrorism preparedness in South Australia's transport sector. It shifts responsibility for security planning from government to private and public transport operators, while giving the Minister significant discretionary power to determine which operations pose enough risk to warrant regulation. The penalties are substantial, reflecting the serious public safety stakes involved."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-surface-transport-security-act-2011","history":"/api/acts/terrorism-surface-transport-security-act-2011/history","analysis":"/api/acts/terrorism-surface-transport-security-act-2011/analysis","conflicts":"/api/acts/terrorism-surface-transport-security-act-2011/conflicts","importantCases":"/api/acts/terrorism-surface-transport-security-act-2011/important-cases","documents":"/api/acts/terrorism-surface-transport-security-act-2011/documents"}}